This analysis describes what Instacart's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
How other platforms handle this
If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions.
If any aspect of this "Pre-arbitration notice of dispute and informal resolution period" section has not been met, the parties agree that a court can enjoin the filing or prosecution of an arbitration...
The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
"any dispute over whether all or part of Section 7.2.8 (Class, Collective, and Representative Action Waiver) is unenforceable...shall be decided by a court of competent jurisdiction and not by an arbitrator.Excerpt from Instacart's Terms of Service (Superseded Capture)
Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
561 arbitration provisions across 197 platforms. ConductAtlas tracks how dispute resolution is being restructured across the internet.
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The clause states: “any dispute over whether all or part of Section 7.2.8 (Class, Collective, and Representative Action Waiver) is unenforceable...shall be decided by a court of competent jurisdiction and not by an arbitrator.”
ConductAtlas has identified this type of provision across 200 platforms. See the full comparison.
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